Table of Contents
Section 11 — Third-Party Information
In one line: When the requested record has been supplied by a third party and treated as confidential, Section 11 prescribes a 40-day procedure: PIO notice to third party within 5 days, 10-day objection window, PIO decision after considering objections, and the third party's own appeal right under Section 19(2).
The Section 11 procedure
- Day 1: RTI received.
- Day 5: PIO gives written notice to the third party under 11(1) — attaching the request and inviting objections.
- Day 15: Third party has 10 days to submit written objections.
- Day 40: PIO decides after considering objections. Must be a reasoned order under Section 7(8).
- Day 40 + 30: Third party can file first appeal under Section 19(2) if decision adverse to them.
Who is a "third party"?
Section 2(n) — a person other than the applicant and the public authority. Typically:
- A tenderer whose bid documents were submitted
- A petitioner who filed a complaint now asked under RTI
- A contractor whose contract terms are requested
- An individual named in a personnel file (rarely triggers — 8(1)(j) more common)
Public interest override (Section 11(1) proviso)
Crucial: the third party's objection is not decisive. Section 11(1) proviso says “except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party”.
So the PIO weighs:
- Public interest in disclosure — e.g. accountability for public money
- versus Harm to the third party — e.g. competitive disadvantage, reputational harm
Landmark rulings
- Bihar Public Service Commission v. Saiyed Hussain Abbas Rizvi, (2012) 13 SCC 61 — the Section 11 proviso requires a clear balancing exercise by the PIO, with reasoned findings on both sides.
- Arvind Kejriwal v. CPIO, Delhi HC (2010) — third-party objection alone does not defeat disclosure if public interest is made out.
- CIC in Subhash Agarwal v. ITBP — Section 11 is not a veto; it is a procedural safeguard.
Common PIO / third-party moves
| Move | Counter |
|---|---|
| “Third party has objected. We cannot disclose.” | 11(1) proviso — PIO must weigh public interest against harm; not automatic veto. |
| “Your request involves 50 third parties; we cannot process.” | Section 7(9) permits change of form (inspection). Section 11 still applies. |
| PIO does not issue 11(1) notice | Appealable — process is mandatory. |
| Third party's objection is procedural/delay | PIO's decision must be on merits, not on receipt of objection. |
Drafting for third-party matters
If your RTI necessarily involves a third party, anticipate in the body:
If the above information involves a third party under Section 11, kindly issue the five-day notice and decide after 40 days. In weighing objections, the applicant submits that the public interest in disclosure of [reason] outweighs any commercial or personal harm, per Section 11(1) proviso.
Related
Sources
- RTI Act, 2005, Section 11.
- BPSC v. Saiyed Hussain Abbas Rizvi, (2012) 13 SCC 61.
- Arvind Kejriwal v. CPIO, Delhi HC (2010).
Last reviewed on: 21 April 2026
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